Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27168 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Irshad Ahmad, learned counsel for the applicant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.160 of 2025, under Sections 8/21/29 N.D.P.S. Act, Police Station- Jaitpura, District- Varanasi, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. There is no recovery from the personal search of the applicant. The recovery, if any, has been made from the possession of co-accused person Pradeep Kumar Tiwari and the applicant has simply been made an accused on the ground that he was following the said accused person Pradeep Kumar Tiwari.
5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Shahnawaz Alam .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that no recovery has been made from the possession of the applicant, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Shahnawaz Alam, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Vikas Verma BAIL No. 27168 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad